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Policies » Section J: Students » JRA-E: Annual Notice of Student Education Records and Information Rights

Policy Date: 12/03/2009

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SAU #15
90 Farmer Road
Hooksett, NH 03106

The Family Educational Rights and Privacy Act (“FERPA”) provides certain rights to parents and eligible students with respect to the student’s education records.

A. Definitions.
1. “Parent” means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or guardian.
2. “Eligible Student” means a student who has reached 18 years of age or who is attending an institution of postsecondary education. Generally, once a student becomes an eligible student, rights under FERPA transfer from the parents to the eligible student. The School District may, however, continue to disclose education records to a parent without prior written consent if the student qualifies as a dependent under the Internal Revenue Code.

B. Inspection of Records
Parents/eligible students may inspect and review the student’s education records within 45 days of making a request, or before an IEP Team meeting or due process hearing. Such requests must be submitted to the Superintendent or building administrator in writing and must identify the record(s) to be inspected. The Superintendent or building administrator will notify the parent/eligible student of the time and place where the record(s) may be inspected in the presence of school staff. Parents/eligible students may obtain copies of education records. The school district may charge a fee for actual costs for producing photocopies of records.

C. Amendment of Records
Parents/eligible students may ask the School District to amend education records they believe are inaccurate, misleading or in violation of the student’s right to privacy. Such requests must be submitted to the Superintendent or building administrator in writing, clearly identify the part of the record they want changed and how they want it changed, and specify why it is inaccurate or misleading or in violation of the student’s right of privacy. If the Superintendent or building administrator decides not to amend the record as requested, the parent/eligible student will be notified of the decision, their right to request a hearing and information about the hearing process.

D. Disclosure of Records
The School District must obtain a parent/eligible student’s written consent prior to disclosure of personally identifiable information in education records except in circumstances permitted by law or regulations as summarized below.

1. Directory Information
The School District designates the following student information as directory information that may be made public at its discretion: name, participation and grade level of students in officially recognized activities and sports, height and weight of student athletes, dates of attendance in the school district, honors and awards received, and photographs and videos relating to student participation in school activities open to the public. Parents/eligible students who do not want the School District to disclose directory information must notify the Superintendent in writing by September 15th of the school year or within thirty (30) days of enrollment, whichever is later. This opt-out shall remain in effect until the following school year, unless the parent or eligible student rescinds it earlier, or unless the student no longer attends the School District, in which case the opt-out will remain in effect unless it is rescinded.
Absent an opt-out, the School District may disclose directory information about former students without the consent of the parent/eligible student.

2. Military Recruiters/Institutions of Higher Education
Military recruiters and institutions of higher education are entitled to receive the names, addresses and telephone numbers of secondary students and the School District must comply with any such request, provided that parents have been notified that they and secondary school students have the right to request that this information not be released without their prior written consent. Parents/students who do not want the School District to disclose this information without their prior written consent must notify the Superintendent in writing by September 15th or within thirty (30) days of enrollment, whichever is later.

3. School Officials with Legitimate Educational Interests
Education records (and personally identifiable information from an education record) may be disclosed to school officials with a “legitimate educational interest.” A school official has a legitimate educational interest if he/she needs to review an education record (or to receive personally identifiable information from an education record) in order to fulfill his/her professional responsibility. School officials include persons employed by the School District (or the School District’s school administrative unit) as an administrator, supervisor, instructor or support staff member (such as guidance, health or medical staff and the district’s law enforcement personnel, if any); members of the School Board ; persons or companies with whom the School District or school administrative unit has contracted to provide specific services (such as attorneys, auditors, medical consultants, evaluators, experts, or therapists); and volunteers who are under the direct control of the School District with regard to education records.

4. Health or Safety Emergencies
In accordance with federal regulations, the School District may disclose education records in a health or safety emergency to any person whose knowledge of the information is necessary to protect the health or safety of the student or other individuals without prior written consent.

5. Other Schools
The School District sends student education records to schools, school systems, or institutions of postsecondary education where the student seeks or intends to enroll, or where the student is already enrolled, if the school, school system, or institution of postsecondary education has requested the records and so long as the disclosure is for purposes related to the student’s enrollment or transfer. Such records shall include, but are not limited to, grades, report cards, disciplinary records, attendance records, special education records and health records.

6. Other Entities/Individuals
Education records may be disclosed to other entities and individuals as specifically permitted by law. Parents/eligible students may obtain information about other exceptions to the written consent requirement by request to the Superintendent or building administrator.

D. Complaints Regarding School District Compliance with FERPA
Parents/eligible students who believe that the School District has not complied with the requirements of FERPA have the right to file a complaint with the U.S. Department of Education. The office that administers FERPA is:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-5901

Revised: December 3, 2009